In a significant judicial decision that bypassed the preference of former President Donald Trump, federal judges in New Jersey declined to retain Alina Habba as U.S. Attorney and instead selected her deputy, Desiree Grace, to fill the role.
During a meeting in Trenton on Monday, a total of 19 votes were cast by judges from the U.S. District Court for the District of New Jersey. Despite Trump’s backing and vocal support from Assistant U.S. Attorney General Todd Blanche, Habba failed to secure enough votes to continue beyond her interim term, which is set to expire at 11:59 PM Friday.
Grace, 37, is a veteran federal prosecutor who has served since 2016 and most recently held the position of chief of the criminal division before being named first assistant U.S. Attorney in April. A registered Republican, she previously clerked for New Jersey Supreme Court Chief Justice Stuart Rabner and Judge Morton Greenberg of the U.S. Court of Appeals for the Third Circuit.
While Habba’s supporters criticized the judges’ decision, calling it politically motivated, Grace’s appointment was well-received by many in New Jersey’s legal and political communities. U.S. Rep. Andy Kim, a Democratic Senate candidate, praised the move. “I am grateful to see that New Jersey’s District Court judges succeeded in appointing Desiree Grace as New Jersey’s U.S. Attorney,” Kim said. “I hope to see her exercise the same judgment and reason in this new position.”
Habba, who was appointed as interim U.S. Attorney with Trump’s endorsement, has reached the 120-day statutory limit for serving in that role without Senate confirmation. With her nomination stalled in the Democratic-controlled Senate and opposed by both of New Jersey’s Democratic senators — Cory Booker and Andy Kim — her path forward has narrowed considerably.
Despite the setback, there remains a legal mechanism for Habba to continue serving. In a previous case in upstate New York, a Trump-appointed U.S. Attorney was removed by federal judges but subsequently reappointed by the Justice Department as a special attorney to the Attorney General and as a first assistant in the same district.
Still, Grace’s selection is expected to bring continuity to the office while marking a shift from the contentious debate surrounding Habba’s tenure. According to sources, the judges also considered other candidates, including former U.S. District Judge Noel Hillman. Hillman, who retired in 2024 after nearly two decades on the bench, is now in private practice.
The decision was made by a panel that included all 17 sitting district court judges in New Jersey — 15 of whom were nominated by Democratic presidents — as well as four senior judges reportedly allowed to participate in the vote. Among those, three were nominated by President George W. Bush and one by President Bill Clinton.
Blanche, who had lobbied directly with Chief Judge Renee Bumb to keep Habba in place, denounced the judges’ decision in a public statement. “The district court judges in NJ are trying to force out (Habba) before her term expires. Their rush reveals what this was always about: a left-wing agenda, not the rule of law,” he said. “When judges act like activists, they undermine confidence in our justice system.”
Although the U.S. Attorney General cannot override the judges’ selection, the President retains the authority to do so. For now, however, Desiree Grace is poised to take over the office, bringing with her nearly a decade of prosecutorial experience and bipartisan credentials in a highly scrutinized role.
